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Review of Requirements for the Transport and some Storage of Animal Materials and Products

8 Appendix (3): Legislative Framework

The Animal Products Act 1999 provides a range of regulatory controls for the transportation of animal products and materials for export both for human and animal consumption. These provisions are summarised below.

8.1 Transportation Provisions

8.1.1 Animal Products Act 1999 (RMP requirement)

An RMP is a documented programme designed to identify and control hazards in relation to the production and processing of animal material and products for the purpose of ensuring these products are fit for intended purpose, and compliant with specific requirements.

Section 13 (1) requires the following persons to operate under an RMP:

(a) all primary processors of animal materials;

(b) all secondary processors of animal products intended for human or animal consumption, except to the extent that they are subject to the Food Act regime;

(c) retail butcher who are dual operator butchers; and

(d) such other persons as may be specified by order in Council under section 15 as requiring to operate under a RMP.

Section 13 (1) (b) applies to transport operators on the basis of Section 4, which includes transport in the definition of process.

8.1.2 Animal Products (Specification for Products Intended for Human Consumption) Notice 2004

Part 15 of the Animal Products (Specification for Products Intended for Human Consumptio Notice applies to transport operators who are transporting animal material during primary processing or animal products between premises or places operating under risk management programmes. In summary, the notice covers:

Design and Construction

• Transportation units and loading equipment must be designed, constructed, equipped and operated to maintain the status of the animal material as suitable for processing or as fit for intended purpose.

• Transportation units must be constructed from materials that will maintain animal material as suitable for processing or as fit for intended purpose.

• Where refrigeration is required, the transportation unit must be designed, constructed and equipped to ensure the specified temperatures are achieved and maintained throughout transportation.

• Temperature measuring devices must be calibrated.

Hygiene and Maintenance

• The hygiene and maintenance of the transportation unit and loading equipment must be such that contamination and deterioration of animal material and product is minimised. This also applies to the hygiene and behaviour or persons involved in the transportation.

Operation

• Animal material or product that is ‘conveyed’ together with any other animal product or material or any other thing that may be a source of contamination must be separated to prevent cross-contamination.

• Evidence of the maintenance of the temperature must be made available for verification.

• Determination of the temperature must be carried out in a manner that contamination of that animal product or material is minimised.

• Refrigerated animal material or product must not be accepted from the primary processor for transportation until the preservation temperature has been met as specified in the Act or Food Act 1981 or the risk management programme.

• The transport operator must have a documented contingency plan to deal with any failure to maintain preservation temperature during transportation.

• The transport operator must ensure that persons transporting animal material or product are aware of the relevant specifications and are adequately trained.

Records

• The transport operator must comply with the records requirements of clause 34 (2).

8.1.3 Animal Products (Specification for Products Intended for Animal Consumption) Notice 2006

This Notice applies to transport operators who are transporting:⁹

(a) animal material during primary processing; or

(b) animal product or product between premises or places operating under a risk management programme during processing.

In summary, the notice sets out requirements on the:

Design and Construction

• The transportation unit must be suitable to maintain the status of the animal products as fit for intended purpose and to minimise hazards and other risks.

• If the transportation unit provides for refrigeration, the unit must be designed, constructed and equipped to ensure that the specified temperatures are achieved and maintained throughout transportation.

Hygiene and Maintenance

• The transportation unit and loading equipment must ensure that contamination and deterioration of animal material and product is minimised.

• The hygiene and behaviour of persons must also ensure that contamination and deterioration of animal material and product is minimised.

Operations

• Transportation units must separate products suitable for processing into pet food from products not suitable for processing into pet food.

• The transport unit must be adequately cleaned following transportation of goods other than animal products and materials or animal products not suitable for processing into pet food.

• Evidence of the maintenance of the preservation temperature (if required) during transportation, must be available for verification to ensure suitability for processing or fitness for intended purpose.

• Determination of animal material or product temperature and the taking of any samples must be carried out in such a manner that contamination of that product is minimised.

• The transport operator must have a documented contingency plan to deal with any failure to maintain preservation temperature during transportation. The transport operator must ensure that persons transporting animal material or product are aware of the relevant specifications and are adequately trained.

Records

• The transport operator must document programmes and record keeping.

8.1.4 Animal Products (Dairy) Approved Criteria for Storage and Transportation of Dairy Material and Products

The 2005 amendment to the APA required all transport operators involved in the transport of dairy material and products within New Zealand to operate under a RMP. Dairy Product Safety Programmes that existed under the Dairy Industry Act 1952 were deemed to be registered RMPs by 1 June 2005. In addition, the NZFSA has developed a RMP template to assist transport operators that handle dairy products to develop their RMP before the start of operations. for RMPs that cover dairy transport

This Notice sets out the requirements and criteria applicable to:

• dairy processors who store or transport dairy material or dairy products;

• dairy risk management programme operators (RMP Operators); and

• recognised agencies and persons who evaluate and verify dairy risk management programmes.

In summary, the criteria cover the following areas:

Hygiene Criteria for Premises

• location of premises;

• design and layout of premises;

• internal structures and fittings; and

• food control and monitoring equipment.

Facilities

• temperature control;

• air quality and ventilation;

• lighting; and

• storage.

Requirements of Transport Operators

• maintenance, housekeeping and hygiene; and

• HACCP and product fitness for purpose

Transport of dairy material

• hygienic standards are maintained and dairy material is protected from contamination;

• equipment is maintained;

• regular assessments by suitably qualified persons;

• deficiencies assesses and documented;

• appropriate corrective action is taken in the event of non-compliance;

• procedures on the cleaning and monitoring of equipment and material contact surfaces;

• notification procedure when raw milk is not fit for intended purpose; and

• HACCP plan for maintaining the safety of dairy material during collection and transportation is to be developed in compliance with Animal Products (Dairy Risk management programme Specifications) Notice 2005 and requirements for dairy HACCP plans contained in Animal products (Dairy) Approved Criteria for General Dairy Processing.

Overseas Market Access Requirements

Overseas Market Access Requirements (OMARs) are issued under sections 60 and 168 of the APA. OMARS set specifications for the purpose of enabling the issue of official assurances to the authorities in overseas countries with confidence that the overseas requirements have been complied with. In addition, general export notices may be issued by the Director-General to safeguard ‘general’ assurances provided by New Zealand.

8.1.5 OMAR 00/094 – Road and Rail Transport of Export Meat, Game and Game Meat Products to and from Licensed or Approved Premises

OMAR 00/94 sets out specifications that provide for controlled conditions under which meat and game meat products must be transported to export connections. These conditions include the following: transport firms must be listed by the NZFSA and operated by the licensees, comply with industry agreed standards for sanitation, pre-cooling, temperature control, handling and inventory control and comply with E-cert eligibility documents and verification requirements. The listing requirement covers export meat products for both human consumption and animal consumption. The OMAR requirements are for transporters of ‘edible’ animal products; and APA’ definition of edible includes ‘edible by animals’.

8.1.6 OMAR 02/107 – Road and Rail Transport of Fish Products Intended for Human Consumption and for which Official Assurances are required

OMAR 02/107 sets out requirements for the transport of fresh fish to on-shore primary stage processors and for the transport of fish products (secondary stage processing). These requirements are in accordance with the relevant requirements of the Animal Products (Specifications for Products Intended for Human Consumption) Notice 2004 or the Fish Export Processing Regulations 1995 for products produced under the Meat Act regime so that the standards set under the notice or regulation are maintained during transportation.

In addition, there are some general requirements, which include the following: transport firms must be listed with the NZFSA and fish products can only be transferred to approved facilities; vehicle docking facilities and associated equipment and facilities must be located, designed and constructed to ensure that contamination is minimised; and verification of approved vehicle docking facilities must be undertaken. The OMAR also requires the export products to be accompanied by eligibility documents.

8.1.7 OMAR 00/092 – Verification Activities for Animal Products at Wharves

OMAR 00/092 specifies requirements for all animal products at wharf facilities. Exporters shall ensure that these requirements are complied with. In summary:

• The identity, security arrangements and state of preservation of animal products shall be maintained and protected.

• Animal products shall be protected from contamination, deterioration and decomposition and maintain their fitness for their intended purpose.

• Shipping containers and ships holds shall be maintained according to appropriate requirements, its form of packaging and state of preservation and equivalent requirements for hygiene and sanitation outlined in IS3/IAS3.

• Container terminals holding refrigerated animal products for human consumption shall be equipped with facilities so that the preservation temperature is maintained.

• The internal air temperature of any refrigerated shipping container holding animal products for human consumption shall be continuously recorded using a calibrated temperature-recording device.

• Non-containerised animal products shall be protected, to the extent practicable, during the immediate transfer of products to any export vessel and during the loading of, and storage within that vessel.

• Packaging materials shall remain clean and retain their physical integrity.

• Animal products that are warmer than preservation temperature shall be assessed for suitability for intended use by the exporter or contracted agent(s) and, where appropriate, be subjected to active refrigeration to restore the minimum preservation temperature. Records shall be kept.

• Animal products that become warmer than a minimum temperature specified by a foreign government and notified by MAF under section 60 of the Act may not be eligible for export to that market irrespective of whether the minimum product temperature required by the market has been restored. Refer to the relevant overseas market access requirements for minimum temperatures. In these cases the details are to be made available to the official assurances verifier for a decision on market eligibility.

• Animal products for human consumption shall be handled expeditiously to maintain normal storage temperatures. Minor variations in temperature are acceptable. Any frozen product warmer than minus 6°C shall not be loaded onto the vessel and shall be returned to a licensed store for refreezing. An official assurances verifier will assess the affected product for its suitability for intended use. Certain importing countries may have explicit requirements for continued maintenance of temperatures e.g. frozen meat, game and game meat products are expected by the EU to be maintained at no warmer than minus 12°C.

• Animal products for human consumption shall not be stored or transported with any animal products not for human consumption, other foods, or other goods, except where the risk of contamination is assessed by the operator as negligible. Wrapping of animal food or fruit or vegetables may be sufficient to protect the products intended as food from contamination.

• Fresh fruit and vegetables and other types of animal products shall not be stored or transported with chilled animal products intended for human consumption if they produce any odour, including respiratory gases, that is likely to have any deleterious effect on the animal product. Wrapping of animal food or fruit or vegetables may be sufficient to protect the products for human consumption from contamination.

• Damaged packaged animal products for human consumption shall be handled and re-packaged according to the requirements of IS6: Section 13.

• MAF Verification Agency shall have a nationally consistent programme for verifying compliance at wharves, including vessels, wharf operations and container facilities. This programme shall verify that;

Port authorities and vessel operators are aware of the general principles in 3.1 of this specification.

The general requirements contained in 3.1 of this specification are applied.

Overseas market access requirements and any associated specifications as notified or made available are met.

• MAF Verification Agency shall carry out verification activities at wharves in accordance with TD 99/49, and not less than twelve weekly.

• MAF Verification Agency shall also, on a random basis, check product details against eligibility documents or export certificates.

• Animal Products officers appointed under the Act and inspectors appointed under section 4 of the Meat Act 1981 when carrying out their duties or exercising their powers or functions in relation to wharf facilities and vessels where animal products are held, stored or transported shall be cognisant of wharf operators' occupational safety and health (OSH) requirements and other requirements.

8.1.8 OMAR 02/094 – Verification Activities for Fish Products at Wharves

The OMAR sets out specific requirements for all fish products at wharf facilities. Exporters shall ensure that these requirements are complied with. In summary:

• The identity and security devices relating to those products must remain intact at all times.

• Fish products must be protected from contamination, deterioration and decomposition and maintain their state of fitness for their intended purpose in accordance with:

• the Animal Products (Specifications for Products Intended for Human Consumption) Notice 2000, for product processed under the Animal Products Act, or

• The Fish Export Processing Regulations 1975 for product produced under the Meat Act regime.

• Shipping containers and ships’ holds must comply with the hygiene and sanitation requirements outlined in IAIS 003.6 Storage and Transportation Circular 1995 appropriate to the nature of the product, its form of packaging and state of preservation. IAIS 003 is available on the NZ Food Safety Authority website entitled, Operations in Fish Premises.

• The internal air temperature of any refrigerated shipping container holding fish products for human consumption must be continuously recorded.

• Non-containerised fish products must be protected from contamination, deterioration and decomposition, to the extent practicable, during the immediate transfer to any export vessel and during the loading and storage within that vessel.

• Packaging materials must at all times remain clean and retain their physical integrity.

• At any time fish products become warmer than the preservation core temperature specified in clause 104 of the Animal Products (Specifications for Products Intended for Human Consumption) Notice 2000, the exporter, or their contracted agent, shall notify the Ministry of Agriculture and Forestry Verification Agency (MAF VA) who will assess whether the product has maintained its fitness for intended purpose. Where appropriate the products must be subjected to active refrigeration to restore the minimum preservation temperature. Records of this process must be kept by the exporter or their contracted agent.

• Fish products that have become warmer than the minimum core temperature specified by a foreign government, as advised in the overseas market access requirements notified under section 60 of the Act, are not eligible for export to that market irrespective of whether the minimum product temperature required by the market has been restored.

• Fish products intended as food for human consumption must be handled expeditiously to maintain normal storage temperatures. Minor variations in temperature are acceptable, but any frozen fish product warmer than -15ºC must not be loaded onto a vessel and must be returned to a licensed or registered store for re-freezing.

• Fish products intended as food for human consumption shall not be stored or transported with any other fish products exported for use other than for human consumption, other foods, or other goods, where there is a risk of contamination, or deleterious effects from such things as odours.

• Damaged packaged fish product must be handled and re-packaged in licensed premises or in operations under a registered risk management programme, approved for such activity, to ensure that the fitness for intended purpose is maintained.

Official Assurance Verification

• Persons in control of fish products at wharves must achieve compliance with the requirements of this notice. Verification must be performed by MAF VA. The verification programme must include checks of vessels, wharf operations and container terminals and check that:

o Port authorities and vessel operators are aware of the general requirements in section 3.1 of this notice.

o The general requirements contained in section 3.1 of this notice are applied.

• The relevant overseas market access requirements notified under section 60 of the Act are met.

• Persons in control of fish products at wharves must achieve compliance with the requirements of this notice. Verification must be performed by MAF VA.

• The verification programme must include checks of vessels, wharf operations and container terminals and check that:

o Port authorities and vessel operators are aware of the general requirements in section 3.1 of this notice.

o The general requirements contained in section 3.1 of this notice are applied.

o The relevant overseas market access requirements notified under section 60 of the Act are met.

• Verification activities at wharves are to be conducted:

a. in accordance with the principles of Performance-Based Verification with a maximum frequency of no greater than 12 weeks; and

b. on a random basis, and must correlate product details against eligibility.

8.2 Cost Recovery Provisions

The statutory basis for NZFSA cost recovery is provided by the following legislation:

• Animal Products Act 1999 (Part 9)

• Agricultural Compounds & Veterinary Medicines Act 1997 (Section 81)

• Wine Act 2003 (section 84)

• Food Act 1981 (Section 42A)

The first three Acts stipulate that the costs of administering the Acts that are not provided for by money appropriated by Parliament (ie that are not Crown-funded) are to be recovered. The Food Act 1981 provides for fees or charges to be prescribed to meet, or help meet, any of the costs and expenses incurred in exercising powers, or performing functions or duties, or providing services, under the Act.

Cost recovery principles

Once it has been determined that costs will be recovered, the principles of how cost recovery will be achieved, and the methods of cost recovery are provided for in the relevant Acts. The criteria that need to be considered when determining the most appropriate method of cost recovery are:

Equity

Users or beneficiaries of a function, power or service will generally be required to fund the cost of providing the function, power or service at a level that reflects their use or benefit.

Efficiency

Costs should generally be allocated and recovered in a manner that ensures maximum benefits are delivered at minimum cost.

Justifiability

The costs (including the indirect costs) associated with providing a function, power or service should be reasonable and justifiable.

Transparency

The cost of providing a service, function or power should be identifiable and allocated in a transparent manner.

NZFSA is not required to strictly apportion costs for a particular function, service or power based on usage. Fees or charges may be determined by averaging the costs or potential costs. Fees and charges may also be set at a level that takes into account costs of services that are not directly provided to the person that pays the fees or charges but which are indirect arising from the delivery of a service to a class of persons or all persons who use the service.

Cost recovery methods provided for in the Acts

The methods of cost recovery that can be used are identified as:

• Fixed fees or charges

• Fees or charges based on a scale or formula or at a rate determined on an hourly or unit basis

• Fees or charges of actual and reasonable costs expended in or associated with the performance of a service or function

• Estimated fees or charges, or fees or charges based on estimated costs paid before the provision of the service or function followed by reconciliation and an appropriate further payment or refund after the provision of the service or function

• Refundable or non-refundable deposits paid before provision of the service or performance of the function

• Fees or charges imposed on users of services or third parties

• Levies (not applicable under the Food Act)

• Any combination of the above

Fees and charges are to be prescribed by regulations. Certain charges can be prescribed by the Director-General.

Overview of Export Transporters under the Animal Products Act 1999

The Process

The Legislative Framework

Human Consumption

Primary Processing

• Animal products (Specifications for Products Intended for Human Consumption) Notice Pt 15 Transport

• The Animal Products (Exemptions and Inclusions) Amendment Order 2005 – Clause 11 F exempts egg producers from RMP requirements under specific conditions.

• Animal Products (Regulated Control Scheme- Bivalve Molluscan Shellfish) Regulations 2006 Section 22

• Statement for the Transfer of Bee products between Listed Establishments made under the Animal products (Specifications for Products Intended for Human Consumption) Notice

Secondary

• DPC4 Animal Products (Dairy) Approved Criteria for Storage and Transportation of Dairy Material and Products

• OMAR 02/094 – Verification Activities for Fish Products at Wharves [Links to requirements under the Animal products (Specifications for Products Intended for Human Consumption) Notice.

• OMAR 02/092 – Verification Activities for Animal Products at Wharves [Links to requirements under the Animal products (Specifications for Products Intended for Human Consumption) Notice.

• OMAR 02/107- Road and Rail Transport of Export meat, Game, Game Meat Products to and from Licensed and Approved Premises

• OMAR 02/94 –Road and Rail Transport of Fish Products Intended for Human Consumption and for which Official Assurances are required. [Links to requirements under the Animal products (Specifications for Products Intended for Human Consumption) Notice.

• The Animal Products (Exemptions and Inclusions) Amendment Order 2005 (exempts airline holding facilities)

Pet Food

• Animal Products(Specification for Products Intended for Animal Consumption) Notice 2006

⁹ Part 15 of the Notice does not apply to transport operators transporting live animals to the primary processor.